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cause_n	church_n	king_n	law_n	3,272	5	4.8232	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67467	The life of Dr. Sanderson, late Bishop of Lincoln written by Izaak Walton ; to which is added, some short tracts or cases of conscience written by the said Bishop.	Walton, Izaak, 1593-1683.; Sanderson, Robert, 1587-1663. Judgment concerning submission to usurpers.; Sanderson, Robert, 1587-1663. Pax ecclesiae.; Hooker, Richard, 1553 or 4-1600. Sermon of Richard Hooker, author of those learned books of Ecclesiastical politie.; Sanderson, Robert, 1587-1663. Judgment in one view for the settlement of the church.; Sanderson, Robert, 1587-1663. Judicium Universitatis Oxoniensis. English.	1678 (1678)	Wing W667; ESTC R8226	137,878	542

Faith and Manners at this day firmly believed and securely practiced by us when by the Socinians Anabaptists and other Sectaries we should be called upon for our proofs As namely sundry Orthodoxal Explications concerning the Trinity and Co-equality of the Persons in the Godhead against the Arians and other Hereticks the number use and efficacy of Sacraments the Baptizing of Infants National Churches the observation of the Lord's Day and even the Canon of Scripture it self Thirdly In respect of our selves we are not satisfied how it can stand with the Principles of Iustice Ingenuity and Humanity to require the extirpation of Episcopal Government unless it had been first clearly demonstrated to be unlawful to be sincerely and really endeavoured by us 1. Who have all of us who have taken any Degree by subscribing the 39 Articles testified our approbation of that Government one of those Articles affirming the very Book containing the Form of their Consecration to contain in it nothing contrary to the Word of God 2. Who have most of us viz. as many as have entred into the Ministery received Orders from their hands whom we should very ill requite for laying their hands upon us if we should now lay to our hands to root them up and cannot tell for what 3. Who have sundry of us since the beginning of this Parliament subscribed our Names to Petitions exhibited or intended to be exhibited to that High Court for the continuance of that Government which as we then did sincerely and really so we should with like sincerity and reality still not having met with any thing since to shew us our errour be ready to do the same again if we had the same hopes we then had the reception of such Petitions 4. Who hold some of us our livelyhood either in whole or part by those Titles of Deans Deans and Chapters c. mentioned in the Articles being Members of some Collegiate or Cathedral Churches And our memories will not readily serve us with any Example in this kind since the world began wherein any state or profession of men though convicted as we are not of a Crime that might deserve Deprivation were required to bind themselves by Oath sincerely and really to endeavour the rooting out of that in it self not unlawful together wherewith they must also root out themselves their Estates and Livelyhoods 5. Especially it being usual in most of the said Churches that such persons as are admitted Members thereof have a personal Oath administred unto them to maintain the Honour Immunities Liberties and Profits of the same and whilst they live to seek the good and not to do any thing to the hurt hindrance or prejudice thereof or in other words to the like effect Fourthly In respect of the Church of England we are not satisfied how we can swear to endeavour the extirpation of the established Government no necessity or just cause for so doing either offering it self or being offered to our Understandings 1. Since all Change of Government unavoidably bringeth with it besides those that are present and evident sundry other inconveniences which no wit of man can possibly foresee to provide against till late experience discover them We cannot be sure that the evils which may ensue upon the Change of this Government which hath been of so long continuance in this Kingdom is so deeply rooted in the Laws thereof and hath so near a conjunction with and so strong an influence upon the Civil Sate and Government as that the Change thereof must infer the necessity of a great alteration to be made in the other also may not be greater than the supposed evils whatsoever they are which by this Change are sought to be remedied For there are not yet any come to our knowledge of that desperate nature as not to be capable of other remedy than the utter extirpation of the whole Government it self 2. Whereas the House of Commons have remonstrated That it was far from their purpose or desire to abolish the Church Government but rather that all the Members of the Church of England should be regulated by such Rules of Order and Discipline as are established by Parliament and that it was Malignancy to infuse into the people that they had any oother meaning We are loth by consenting to the second Article to become guilty of such Infusion as may bring us within the compass and danger of the fourth Article of this Covenant 3. Since it hath been declared by sundry Acts of Parliament That the holy Church of England was founded in the state of Prelacy within the Realm of England we dare not by endeavouring the extirpation of Prelacy strike at the very foundation and thereby as much as in us lieth co-operate towards the ruine of this famous Church which in all conscience and duty we are bound with our utmost lawful power to uphold Lastly In respect of our Obligations to his Majesty by our Duty and Oaths we are not satisfied how we can swear to endeavour the extirpation of the Church Government by Law established without forfeiture of those Obligations 1. Having in the Oath of Supremacy acknowledged the King to be the only Supreme Governour in all Ecclesiastical Causes and over all Ecclesiastical Persons having bound our selves both in that Oath and by our Protestation To maintain the King's Honour Estate Iurisdictions and all manner of Rights it is clear to our Understandings that we cannot without disloyalty and injury to him and double Perjury to our selves take upon us without his consent to make any alteration in the Ecclesiastical Laws or Government much less to endeavour the extirpation thereof unless the imposers of this Covenant had a power and meaning which they have openly disclaimed to absolve us of that Obedience which under God we owe unto his Majesty whom they know to be intrusted with the Ecclesiastical Law 2. We cannot sincerely and really endeavour the extirpation of this Government without a sincere desire and real endeavour that his Majesty would grant his Royal Assent to such extirpation Which we are so far from desiring and endeavouring that we hold it our bounden duty by our daily prayers to beg at the hands of Almighty God that he would not for our sins suffer the King to do an act so prejudicial to his Honour and Conscience as to consent to the rooting out of that estate which by so many branches of his Coronation Oath he hath in such a solemn manner sworn by the assistance of God to his power to maintain and preserve 3. By the Laws of this Land the Collation of Bishopricks and Deanaries the fruits and profits of their Lands and Revenues during their vacancies the first fruits and yearly tenths out of all Ecclesiastical Promotions and sundry other Priviledges Profits and Emoluments arising out of the State Ecclesiastical are established in the Crown and are a considerable part of the Revenues thereof which by the

sad distractions In the sixth Article we are altogether unsatisfied 1. The whole Article being grounded upon a supposition which hath not yet been evidenced to us viz. that this Cause meaning thereby or else we understand it not the joyning in this Covenant of mutual defence for the prosecution of the late War was the Cause of Religion Liberty and Peace of the Kingdoms and that it so much concerned the glory of God and the good of the Kingdoms and the honour of the King 2. If all the Premisses were so clear that we durst yield our free assent thereunto yet were they not sufficient to warrant to our Consciences what in this Article is required to be sworn of us unless we were as clearly satisfied concerning the lawfulness of the means to be used for the supporting of such a Cause For since evil may not be done that good may come thereof we cannot yet be perswaded That the Cause of Religion Liberty and Peace may be supported or the Glory of God the Good of the Kingdoms and the Honour of the King sought to be advanced by such means as to our best understandings are both improper for those Ends and destitute of all warrant from the Laws either of God or of this Realm Lastly in the Conclusion our hearts tremble to think that we should be required to pray that other Christian Churches might be encouraged by our example to joyn in the like Association and Covenant to free themselves from the Antichristian yoke c. Wherein 1. To omit that we do not know any Antichristian yoke under which we were held in these Kingdoms and from which we owe to this either War or Covenant our freedom unless by the Antichristian yoke be meant Episcopal Government which we hope no man that pretendeth to Truth and Charity will affirm 2. We do not yet see in the fruits of this Association or Covenant among our selves any thing so lovely as to invite us to desire much less to pray that other Christian Churches should follow our example herein 3. To pray to the purpose in the conclusion of the Covenant expressed seemeth to us all one in effect as to beseech Almighty God the God of Love and Peace 1. To take all love and peace out of the hearts of Christians and to set the whole Christian world in a combustion 2. To render the Reformed Religion and all Protestants odious to all the world 3. To provoke the Princes of Europe to use more severity towards those of the Reformed Religion if not for their own security to root them quite out of their several Dominions 4. The tyranny and yoke of Antichrist if laid upon the nooks of Subjects by their lawful Sovereigns is to be thrown off by Christian boldness in confessing the Truth and patient suffering for it not by taking up Arms or violent resisting of the Higher Powers §. VI. Some considerations concerning the meaning of the Covenant OUR aforesaid Scruples are much strengthened by these ensuing Considerations First That whereas no Oath which is contradictory to it self can be taken without Perjury because the one part of every contradiction must needs be false this Covenant either indeed containeth or at leastwise which to the point of Conscience is not much less effectual seemeth to us to contain sundry Contradictions as namely amongst others these 1. To preserve as it is without change and yet to reform and alter and not to preserve one and the same Reformed Religion 2. Absolutely and without exception to preserve and yet upon supposition to extirpate the self-same thing viz the present Religion of the Church of Scotland 3. To reform Church Government established in England and Ireland according to the Word of God and yet to extirpate that Government which we are perswaded to be according thereunto for the introducing of another whereof we are not so perswaded 4. To endeavour really the extirpation of Heresies Schisms and Prophaneness and yet withal to extirpate that Government in the Church the want of the due exercise whereof we conceive to have been one chief cause of the growth of the said evils and do believe the restoring and continuance thereof would be the most proper and effectual remedy 5. To preserve with our estates and lives the liberties of the Kingdom that is as in the Protestation is explained of the Subject and yet contrary to these liberties to submit to the imposition of this Covenant and of the Negative Oath not yet established by Laws and to put our lives and estates under the arbitrary power of such as may take away both from us when they please not only without but even against Law if they shall judge it convenient so to do Secondly We find in the Covenant sundry expressions of dark or doubtful construction whereunto we cannot swear in judgment till their sense be cleared and agreed upon As Who are the Common Enemies and which be the best Reformed Churches mentioned in the first Article Who in the fourth Article are to be accounted Malignants How far that phrase of hindring Reformation may be extended What is meant by the supreme Iudicatory of both the Kingdoms and sundry other Thirdly By the use that hath been made of this Covenant sometimes to purposes of dangerous consequence we are brought into some fears and jealousies lest by taking the same we should cast our selves into more snares than we are yet aware of For in the first Article 1. Whereas we are to endeavour the Reformation of Religion in this Kingdom in Doctrine Worship Discipline and Government according to the Word of God and the example of the best Reformed Churches 1. The Reformation in Worship whereby we could not suppose any more was intended according to their former Declaration than a review of the Service-book that the translations might be in some places amended some alterations made in the Offices and Rubricks or at most some of the Ceremonies laid aside for the reasons of expediency and condescension hath produced an utter abolition of the whole form established without substituting any other certain form in the room thereof 2. The Reformation in point of Discipline and Government intended so far as by the overtures hitherto made we are able to judge is such as we conceive not to be according to the Word of God nor for any thing we know according to the example of any Church that ever was in the World best or worst since the Creation 2. In the second Article our grief and fears had been less if we could have observed the extirpation of Popery Heresie Schism and Prophaneness to have been as really intended and set on with as much speed and animosity as the extirpation of Prelacy and that which some call Superstition But when we see under the notions of rooting out Prelacy and Superstition so much quickness used to fetch in the Revenues of the Church and the sacred Utensils no otherwise guilty of Superstition for ought we know

and therefore they are not called the King's Judges but the King's Council and they have their several proper rights and interests peculiar and distinct both between themselves and from that of the Kings by reason whereof they become distinct Orders or as of late times they have been styled in this sense we conceive three distinct Estates Each of which being supposed to be the best Conservators of their own proper interest if the power of any one Estate should be presumed to be virtually present in the other two that Estate must needs be inevitably liable to suffer in the proper interests thereof which might quickly prove destructive to the whole Kingdom the safety and prospetity of the whole consisting in the conservation of the just rights and proper interests of the main parts viz. The King Lords and Commons inviolate and entire 3. The Judges of other Courts forasmuch as their power is but Ministerial and meerly Judicial are bounded by the present Laws and limited also by their own Acts so as they may neither swerve from the Laws in giving Judgment nor reverse their own Judgments after they are given But the high Court of Parliament having by reason of the King 's Supream Power presiding therein a Power Legislative as well as Judicial are not so limited by any earthly Power but that they may change and over-rule the Laws and their own Acts at their pleasure The King 's Personal assent therefore is not needful in those other Courts which are bounded by those Laws whereunto the King hath already given his personal assent but unto any Act of Power beside beyond above or against the Laws already established we have been informed it seems to us very agreeable to reason that the King 's Personal Assent should be absolutely necessary Forasmuch as every such Act is the exercise of a Legislative rather than of a Judicial power and no Act of Legislative power in any Community by consent of all Nations can be valid unless it be confirmed by such person or persons as the Sovereignty of that Community resideth in Which Sovereignty with us so undoubtedly resideth in the person of the King that his ordinary style runneth Our Sovereign Lord the King And he is in the Oath of Supremacy expresly acknowledged to be the only Supream Governour within his Realms And we leave it to the wisdom of others to consider what misery and mischief might come to the Kingdom if the power of any of these three Estates should be swallowed up by any one or both the other and if then under the name of a Judicial there should be yet really exercised a Legislative power 4. Since all Judicial Power is radically and originally in the King who is for that cause styled by the Laws The Fountain of Iustice and not in any other Person or Persons but by derivation from him it seemeth to us evident that neither the Judges of Inferiour Courts of Ministerial Justice nor the Lords and Commons assembled in the High Court of Parliament may of right exercise any other Power over the Subjects of this Realm than such as by their respective Patents and Writs issued from the King or by the known established Laws of the Land formerly assented unto by the Kings of this Realm doth appear to have been from him derived unto them Which Laws Patents and Writs being the exact boundary of their several Powers it hath not yet been made appear to our understandings either from the Laws of the Realm or from the tenour of those Writs by which the Parliament is called that the two Houses of Parliament have any power without the King to order command or transact but with him to treat consult and advise concerning the great affairs of the Kingdom In which respect they have sundry times in their Declarations to his Majesty called themselves by the Name of his Great Council And those Laws and Writs are as we conceive the proper Topick from which the just power of the Honourable Houses can be convincingly deduced and not such frail Collections as the wits of men may raise from seeming Analogies and Proportions §. VIII Of the Negative Oath WE are not satisfied how we can submit to the taking of the Negative Oath 1. Without forseiture of that liberty which we have sworn and are bound to preserve With which liberty we conceive it to be inconsistent that any Obligation should be laid upon the Subject by an Oath not established by Act of Parliament 2. Without abjuring our natural Allegiance and violating the Oaths of Supremacy and Allegiance by us formerly taken By all which being bound to our power to assist the King we are by this Negative Oath required to swear from our heart not to assist him 3. Without diminution of his Majesties just Power and Greatness contrary to the third Article of the Covenant by acknowledging a Power in the two Houses of Parliament in opposition to the King's Power Whereas we profess our selves unable to understand how there can be any lawful power exercised within this Realm which is not subordinate to the power of the King §. IX Of the Ordinances concerning the Discipline and Directory 1. First Concerning them altogether we are not satisfied how we can submit to such Ordinances of the two Houses of Parliament not having the Royal Assent 1. As are contrary to the established Laws of this Realm contained in such Acts of Parliament as were made by the joint consent of King Lords and Commons 2. Nor so only but also pretend by Repeal to abrogate such Act of Acts. For since Ejusdem est potestatis destruere cujus est constituere it will not sink with us that a letter power can have a just right to cancel and annul the Act of a greater 3. Especially the whole power of ordering all matters Ecclesiastical being by the Laws in express words for ever annexed to the Imperial Crown of this Realm And upon what head that Crown ought to stand none can be ignorant As to the particular Ordinances those that concern the Discipline first 1. If under that Title be comprehended the Government also we cannot submit thereunto without consenting to the eradiction of a Government of reverend Antiquity in the Church Which notwithstanding the several changes of Religion within this Realm hath yet from time to time been continued and confirmed by the publick Laws and great Charters of the Kingdom than which there cannot be a more ample testimony that it was ever held agreeable to the Civil Government and the Subjects Liberty Which also the successive Kings of this Realm at their several Coronations have solemnly sworn to preserve And the continuance whereof for sundry Reasons before upon the second Article of the Covenant specified we heartily wish and desire 2. But if the word Discipline be taken as it is in the first Article of the Covenant as contra-distinguished unto the Government there is something even